Quimbee logo
DMCA.com Protection Status

Kavanaugh v. Nussbaum

523 N.E.2d 284 (1988)

Case BriefRelatedOptions
From our private database of 35,400+ case briefs...

Kavanaugh v. Nussbaum

New York Court of Appeals

523 N.E.2d 284 (1988)

Facts

At age 44, Irene Gonzales was pregnant with a son. Gonzales’s pregnancy went undetected for several months by her physician, Dr. William Nussbaum (defendant). Gonzales finally engaged an obstetrician, Dr. Erol Caypinar (defendant). Just two weeks later, 31 weeks into her pregnancy, Gonzales began bleeding. Gonzales went to Brookhaven hospital, where Caypinar had admitting privileges. In the emergency room, she was treated by Dr. Nareys Suteethorn (defendant), because Caypinar was away at a meeting. Caypinar had arranged for Dr. Albin Swenson to cover for him. Suteethorn examined Gonzales, then reported Gonzales’s condition to Swenson by phone. Swenson told Suteethorn to send Gonzales home. Gonzales went home. Gonzales began bleeding more heavily, and she was rushed to the hospital in an ambulance. At this point, Caypinar had returned to Brookhaven, and was able to attend to Gonzales, who eventually gave birth to her son, Justin Kavanaugh, by Caesarian section. Justin was very premature, weighing just three pounds at birth. He spent several months in the hospital. He suffered permanent injury during his birth that caused him to be mentally disabled and epileptic. He required special education, therapy, and was unable to care for himself physically or economically. Gonzales sued Nussbaum, Suteethorn, and Caypinar on Justin’s behalf. A jury found Suteethorn and Caypinar were liable for Justin’s injuries, awarding him more than $4,300,000 in damages. Specifically, the jury determined that Swenson’s negligence could be imputed to Caypinar, which accounted for 25 percent of Caypinar’s liability. The trial court reduced the jury award relating to pain and suffering and set aside the portions of the award relating to custodial care, diminished earning capacity, and lost services. On appeal, the court of appeals reinstated portions of the damages award relating to lost earning capacity and lost services. The defendants appealed.

Rule of Law

Issue

Holding and Reasoning (Kaye, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 616,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 616,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 616,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,400 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership